Minutes of Zoning Board of Appeals Public Meeting
Date: November 10, 2005
Time: 7:00 PM
Attendees: Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts, William Nicholson, Sibel Asantugrul, Vern Jacob, Charles Amsler, and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker
Chair Pontbriand called the meeting to order at 7:00 pm.
Business Meeting:
A letter dated November 3, 2005 was received from Chet Lay of Slade Associates to withdraw without prejudice Case 04-56 (Todd LeBart and Hugh Dunbar). Jeffrey Stewart moved to accept the request to withdraw without prejudice; seconded by Trevor Pontbriand; passed 7-0.
Jeffrey Stewart moved to approve meeting minutes of September 22, 2005 as presented; seconded by Trevor Pontbriand, passed 7-0. William Nicholson moved to approve meeting minutes of October 13, 2005 as presented; seconded by Trevor Pontbriand; passed 7-0. Trevor Pontbriand moved to approve meeting minutes of October 27, 2005 with amendments; seconded by Jeffrey Stewart; passed 7-0.
Public Hearings:
7:15: #05-41 Hadley Crow Studio for Deborah Turnell, Mill Hill Road, Map 13, Parcel 106: Application for a Special Permit to construct decking within front setback. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Sibel Asantugrul. A site visit was made. James Hadley explained the applicant wanted to have the proposed decking flush with the front of the existing building. The dwelling is in the R1 district. Pontbriand moved for Findings of Fact:
1. There was no objection from abutters
2. There will be no intrusion beyond the pre-existing, non-conformity.
3. The decking does not count as lot coverage
Pontbriand moved to approve the Special Permit based on the Findings of Fact; seconded by Nicholson; passed 5-0.
Jed Foley of the audience requested an informal meeting with the Board. Jeffrey Stewart suggested he submit an application as the Board cannot give advice prior to a hearing. Pontbriand told him he could approach one of the board members but the member could not give advice, only an opinion.
Stewart reported he attended the Planning Board meeting which held an informational session on Cape Cod Five Bank. He stated they had concerns for pedestrians. The various Boards can show either their support or lack of endorsement at the Town Meeting.
7:30: #05-40 Nick Watkins, 210B Chequessett Neck Road, Map 14, Parcel 82: Application for a Special Permit to construct a Dormer . Due to an administrative error, this hearing should not have been put on this agenda.
7:45: 05-42 Meredith Blakely Scozzafava, 105 Pine Avenue, Map 29, Parcel 443: Application for a Special Permit to construct a two car garage, enclosed porch and decking. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, William Nicholson, Robert Hankey and Sibel Asantugrul. The following letters showing support for the project were read into the minutes: 11/9/05 Martha Smith; 11/9/05 Allen Morehouse; 11/9/05 Terry Gips and Ned Hitchcock; and 11/7/05 Frederick and Leatrice Turner. A site visit was made. Ms. Scozzafava stated the proposed garage will enter into the side setbacks (19 ½ feet). She stated she wanted a straight driveway to avoid having to shovel snow in inclement weather and another location for the garage would
involve removing a tree from the property. Members of the Board stated they felt an alternative proposal could be presented which would eliminate going into the setbacks altogether. Discussion took place regarding options to relocate the garage so she could turn into the garage at a different angle, make the garage a one-car garage, or eliminate the tree. At the request of the applicant, the case will be continued to allow the applicant to investigate when the sub-division was built and to look at other options. Pontbriand moved to continue to December 8, 2005; seconded by Robert Hankey, passed 5-0.
8:11: 05-43 Francis Turpin, 393 Bound Brook Way, Map 6, Parcel 10: Application for a Special Permit to construct a new septic system, garage, and rebuild house on existing footprint. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Sibel Asantugrul. A site visit was made. Attorney William Hammatt represented the applicant. He gave the history of the dwelling, stating it was built prior to 1960. The deed description of the property stated the Turpins’ owned from the road to the town line; however, when the National Seashore did a survey, it was determined the town line went through the house, and part of the house was on another person’s property. A negotiation took place for the Turpins’
to purchase some land from the abutter. Hammatt stated the applicants propose to rebuild the house and add a garage. The applicant has gone before the Conservation Commission in both Wellfleet and Truro and will be going before the Zoning Board of Appeals in Truro as well. The ZBA had not received a letter from the National Seashore. The Board requested Attorney Hammatt provide the following: existing drawing of floor plans, overlay of elevations, response from the Seashore, lot coverage calculations, and plan of basement level. Pontbriand moved to continue to December 15, 2005; seconded by William Nicholson, passed 5-0.
8:35: 05-44 Deborah Paine, Inc. for Doug Freeman, 90 Cliff Road, Map 24, Parcel 128: Application for a Special Permit to construct dormer. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Vern Jacob, and Sibel Asantugrul. A site visit was made. Ann Howard and Tom Hillferty represented the applicant. Ms. Howard stated the dwelling already exists within the setback and they would not be altering any habitable areas. The increase in vertical net gain is 96 square feet. The National Seashore verbally told the builder it was not opposed to the project because it was within the existing footprint. A satisfactory inspection of the septic took place on October 1, 2005.
Pontbriand moved for Findings of Fact:
1. There will be a minimal volumetric increase
2. There was no objection from abutters or the National Seashore.
3. The volumetric increase is entirely within the existing footprint.
4. There will be no increase in use.
Pontbriand moved to grant a Special Permit based on the Findings of Fact; seconded by Vern Jacob; passed 5-0.
8:52 05-45 Michael Trovato, 975 State Highway, Route 6, Map 36, Parcel 188: Application for a Special Permit for change of use to establish an appliance store along with continuing existing business. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Sibel Asantugrul. A site visit was made. Attorney Lester Murphy accompanied Mike Trovato to the meeting. Attorney Murphy stated case 98-16 established the uses: a restaurant, a retail fish market and a wholesale shell fishing business. Trovato will continue with the established uses and include a retail appliance store. Attorney Murphy stated there are currently 17 parking places on the property. Trovato will be reducing the number of seats in the restaurant
which will reduce the number of required parking spaces. The restaurant and fish market will be a seasonal business with the appliance store year round. Murphy stated traffic may be reduced at the site because the restaurant will serve less people. The uses may provide one or two employment opportunities for the community. There was discussion regarding the location of the walk-in cooler and what resides inside the fenced-in area. It was determined the cooler would be relocated to the outside within the fenced-in area. Stewart questioned why this was not going to the Planning Board and it was determined the parking spaces already exist and none were being added. Paul Murphy, Building Inspector, stated accessory buildings are permitted in all zones and the fenced-in area is permitted under the by-laws.
Trovato stated he will be selling appliances from this location but the warehouse is located in Provincetown. The store will provide service to customers, but it will be dispatched from Provincetown. Further discussion ensued regarding the uses of the property. P. Murphy stated he does not see this as a change in use because there is already a permit granting retail sales. Pontbriand moved for Findings of Fact:
1. Currently two permitted retail uses on the property (restaurant and fish market) and one wholesale use (shellfish).
2. The proposed use will constitute a fourth (4th) use on the premises consisting of an appliance retail store.
3. Four (4) less parking spaces will be required for the existing business, equally a total of 9 spaces required for the three existing uses.
4. Six (6) additional parking spaces are required for the proposed additional retail business.
5. A total of 17 parking spaces are provided on the property.
6. The proposed business will provide an additional service to the town.
7. The proposed business will increase employment on Lower Cape.
8. The proposed use meets the district’s objectives.
9. The Zoning Board of Appeals is confirming the 2000 decision regarding the property with the exception of Condition #10 which is no longer applicable.
Pontbriand moved to grant a Special Permit based on the Findings of Fact with the following conditions:
1. A new plan shall be submitted showing the walk-in cooler located within the fenced area.
2. Hours of operation for all four (4) uses shall be 8:00 am – 9:00 pm.
3. All conditions from the previous Special Permit (#98-16) shall be adhered to with the exception of Condition #10.
Seconded by Robert Hankey, passed 5-0.
Trevor Pontbriand moved to adjourn the meeting at 10:15 pm; seconded by William Nicholson,
passed 7-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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